The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-17
And Decides that the Crime of the Conspira-
tors Clearly Comes Within the Jur-
isdiction Of the Federal Court.
In Consequence, the Persons Indicted
for the Frauds Must Stand Trial.
The Decision Is Received with Applause in
the COURTROOM and Is Generally Commend
ed-What the Defendants Think of 1t.

tended to bring together but a small audience,
had no such effect At 11:30 o'clock persons be-
gan to gather in the United States Circuit Court
room, the elevator coming up packed on each
trip to its utmost capacity, with sweltering hu-
mainly eager to hear what disposition would be
made Of the conspirators' petition. Fifteen
minutes before IL o'clock. the courtroom
was we'll filed; and ten minutes later it was
crowded. Every seat was taken. and all the
standing space occupied It was very dis
tinguished audience, and looked much like some
extraordinary occasion had called q meeting Of
the members of the Indianapolis bar,
as there were more than sixty at
torneys present The clergy was repre-
scented by seven eight ministers. and two
score or more of members of the committee OF
one hundred were upon the floor. Outside of
those who are looked upon as active members of
the election conspiracy. none of that element
we're present.
There was a lively hum Of conversation pre-
ceding the arrival of Justice Harlan The faces
of the attorneys who the previous day had
spoken on behalf of the petitioner, gave an ex-
preston that the decision Of tho Justice could
not be in their favor. Eight minutes before IL q
murmur ran through the audience with ejacula-
tions. There he u.s." 'Thats Coy" and tho little
boss came in, followed by United States Marshal
Hawkins. Coy. without, the previous day,
shaking hands with any one, CROSSED the floor
and took seat on the south side of the room.
A little later he rose and seated himself in q
window Every face was turned toward him
and he seemed to finch under the scrutiny,
having evidently lost some of his jaunty nom
chalence He raised his to his face and
placed the handle of it across his mouth as if to
A. ALL L. oS%I,a II
easy, unctuous smile had disappeared. AS the
Justice, in clear and well-modulated tones, de-
livered his decision, Coy listened with the closest
attention.
Justice Harlan came in and took his seat as
the hands of the clock marked two minutes Of
the noon hour, and the court bailif raped to
order. The blue eyes Of tho Justice gave
glance over the audience. an unusually large ono
for that quiet courtroom, and at ones began de-
hvering his answer to the petition. with the
preface that he had not had time to write it, but
would on future occasion do so and at greater
length than he now had time to do The de-
cison was therefore oral, but the sentences
were smooth. the periods clearly cut and the
matter of the common sense variety, devoid of
ambiguity, and understandable to ALL needing
lawyers glossary to aid in the translation for
the benefit of those not OF the profession. AS
the Justice proceeded with his remarks Cows
face flushed and he moved about uneasily In his
seat in tho window. At first he stretched
almost at full length, but no soon
the speaker, kept them there to the
end. Bernhamer had come in and was standing
Immediately in front of the platform upon which
Justice Harlan. Judge Woods. attorneys How
land Sellers and others. together with Clerk
Butler and Marshal Hawkins, seated.
Albert F. Ayers and Leon O. Bailey also
standing upon this raised platform, both show.
ing signs of distress and sympathy with their
political associates. Bernhamer showed signs
of punishment his face being drawn and anxious
John e. Sullivan was seated on the south side of
the courtroom, near Coy, but the two did not
speak nor even notice each other. Sullivan
the embodiment of attention, his grey eyes fixed
un winkingly upon the Justice. There q
large number of shigh-grade Democrats in the
audience, but previously noted, the lower
stratum, the ward-worker and primary manipu-
iator, was absent.
During a luil in the proceedings, when the
Justice turning the leaves of volume to
read an authority. a lawyer whispered to the
look about and see how many Republican law
yers have been injured by this conspiracy. Ev-
cry ono, from the initial investigation before
Commissioner VanBuren up to the present, who
has been employed by tho conspirators, has been
more less disfgured. There's not one that
has emerged with anything like credit to him
self Some Of the best lawyers, noted for clear,
cogent and convincing logic, have made argu-
ments that would have been considered weak in
a beginner in case before Justice of the
peace. This case, in all the various phases il
has assumed has ratified them"
Full Text of Justice HarIan's Decision.
am prepared to state orally the conclusions
reached in tbs case of Simeon Coy. In view of
the gravity Of the questions presented for con-
sideration shall hereafter, when have oppor-
tunity, put in writing and file in the case writ
ten opinion stating fully the grounds upon which
my conclusions rest Having been committed
to prison Coy claims in his petition for habeas
corpus that such imprisonment was illegal. The
return of the marshal of the United States for
ia m
under mitimus from said court. based upon in
dictments returned by the grand jury Of that
court. This Indictment charged Coy with cor
tain offenses against the United States. He
claims that that with which he stands charged
is not an offense against the United States. and
that the District Court is without
jurisdiction to proceed against him.
The first count of the Indictment for conspir-
acy charges that Samuel E. Perkins, Simeon
n. Metca)f, John e. Sullivan, Albert T. Beck.
George w. Budd. Stephen Mattler, William F. A.
Bernhamer and John l.. Reardon did ''conspre,
confederate and agree together, between and
among themselves, to commit offense against
the United States and did then and there unlaw-
fully, knowingly and feloniously then and there.
gether, between and among themselves to induce,
aid counsel, procdre and advise one Allen Hlsey
to unlawfully neglect and omit to perform
duty required and imposed by the laws or the
State of Indiana relating to and affecting cer-
tain election had and hold at and in the county
of Marion in the State and District of Indiana,
and at the Second precinct or the thirteenth
ward of the city of Indianapolis. in tho county
of Marion aforesaid. the second day of No
vember, A. D.. 1886, pursuant to law, at which
election Representative in Congress for the |
Seventh congressional district of Indiana was |
vol ted for to- wit: to unlawfully neglect and omit
to safely keep in his possession and custody the
tally-rapers, poll-lists and certificate of said |
election at said precinct. he, the said Allen |
Hisey, being then and there officer of said |
election, to-wit inspector of said election at I
the Second precinct of the Thirteenth ward of |
kha cit of IndiauaUOlig
thereto duly appointed and having duly quail
fed under the laws of the State of Indiana and
acting such inspector, and that to effect tho |
object of said conspiracy the said Samuel Z.
Perkins, then and there. after one of the tally |
papers and one of the poll lists OF said election
1t said precinct. and the certificate OF the num-
per of votes each person had received at |
laid election at said precinct, designating
he office. signed by the board of judges Of said
election at said precinct. had been deposited with
him. she said Allen Hisey. inspector, ~ aforo-
aid. and that after he. the sAid Allen HiseY.